About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

B-196595(THK) 1 (1979-12-07)

handle is hein.gao/gaobactyy0001 and id is 1 raw text is: L. -W


Cs
      C
 .4.-
 ~,~.
47' '-.~~
A i'.,.
     A;


Ili17)(   K00


-7


/Z2Y~1


qCPA

rf


                                                          IN RIl.Y
                                                          RrCU llTc .196595 (THK)
OFF icc OF GENERMi. COUNSEL


DEC - 7 1IY


Mrs. Georgia McGuire
67 Burgess (len
Sumter, Socth Carolina

Dear Mrs. 1cGulie:


         .     r41 4h ytI

29150

                                  - - .4,*


     By letter  received in this Office on October 29, 1979, you
requested information  on your entitlement to reimbursement for lost
job opportunities and  chances for advancement you would have
receivd  had you not  been subjected to an unjustified or unwarranted
personnel action  resultIng In your involuntary selparation from an
Air Force position  as a Clork-Stenographer, GS-3.

     Evidently your  involuntary separation and later reemployment at
the GS-2 level were  the result of an unjustified or unwarranted
persontic action arising  becnuse your employing office had considered
you had not completer  your probationary period even though, as deter-
mined some years  later, you had actually done so.  In this connection
the Offlea of Personnel  Managerment advised Scuhtor Ernest F. Hollings
or; July 19, 1979, that apparently your agency had determined that you
had undergone an  unwarranted or unjustified personnel action and  that
you had been  reimbursed for step increases lost, as well as any other
actual. money to which you were entitled but had not received, because
of such personnel  action.  The letter also said that under Federal
Personnl lMnnunl,  chapter 550, subehaptor 8-5, additional reimburse-
ment for embarrassment,  icst opportunities for advancement, etc.,  is
not specifically  authoriZcd.

     Concerning  lost opportunities for advancement, we have held  that
normally emiployees have no vasted right to promotions at any particular
time, except  as provided by agency renulation  or a collective bargain-
ing agreement with  an employees' union.  See 54 Comp. Gen. 403, 406
(1974), copy, enclosed.  You do not Indicate thati any Air Force regula-
tion or  collcetive har  [tai 11 a;:rCemenIt gave yon iniy utitttlement to a
grade promotion.   With resIpect Lo your requcat that we uInvstigite
how many  times you were  not conaidered for promotion because of any
untruthful  stateintutnS in your records, as well as your priority to a
clerk-Stenographer  position, we must advise you that such matters are
not pcrtinent  to any monetary culain we might award as a result of an


tip


'9
I,                                                                                       i.,<y .~


UrTm   STATES GENERAL  ACCOUNTING  OFFICE
         WASHINGTON,   D.C. 20548


.5.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most